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Court Claim - lowell portfolio / o2 - 24-10-2017

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  • #16
    Re: Court Claim - lowell portfolio / o2 - 24-10-2017

    can i send an s78 cca request as part of the defence. not sure what to argue as a legal defence.
    or do i just list what happened an the court decision?

    Comment


    • #17
      Re: Court Claim - lowell portfolio / o2 - 24-10-2017

      Originally posted by Andy P View Post
      im now composing a defence letter to attach to the ccj response.
      Ill post it registered sat. as sun is last day for response.
      what do you suggest I say at this point. btw ill be e mailing Di to establish if she think she can help.
      I've posted on your thread twice but it seems my posts are not registering for some reason.

      You have a deadline looming and you need to avoid a Default Judgement (CCJ).

      If the deadline is tomorrow (Sunday) then it will be the next working day which is 4 pm on Monday.

      Hopefully we'll make contact before then.

      Originally posted by Andy P View Post
      can i send an s78 cca request
      Yes

      Di
      Last edited by EXC; 25th November 2017, 22:13:PM.

      Comment


      • #18
        Re: Court Claim - lowell portfolio / o2 - 24-10-2017

        Just a thought?

        Have you got a record of that call you made to O2 to cancel the contract? Basically the phone bill with O2s number on it with the time & date?

        If not can you get it?

        Comment


        • #19
          Re: Court Claim - lowell portfolio / o2 - 24-10-2017

          in regards to the phone call..i previously spoke to virgin mobile, whose advisor confirmed the call..date time and duration. however im asking for that in writing , but keep getting different information from them. I wrote to them over a month ago (recorded delivery) yet still have no joy as yet despite calling them twice this week.

          Comment


          • #20
            Re: Court Claim - lowell portfolio / o2 - 24-10-2017

            i have sent my defence in,, however i really need more time ...i have said basically "in order to defend the claim, i need more information from lowellls.ie charges,, rental/air time etc . cca.
            will i get a postponement?

            also,, just occured to me.. as I asked for a restriction on the service.. the same day i cancelled (13/12/14) i need o2 to disclose what data, texts.and call useage occured after this date.

            if theres none then (which im sure there are none) its a valid argument against o2 restricting my service due to non payment when they wrote to me in april 2015.

            Comment


            • #21
              Re: Court Claim - lowell portfolio / o2 - 24-10-2017

              If you can prove that cancellation call in black & white ... & then the only reason they rejected that cancellation is because no headphones were returned then I would take the mick out of them & send them a cheque in full & final settlement for the grand sum of £25 to replace the headphones.

              Comment


              • #22
                Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                can i produce additional evidence after ive sent my completed court defence in?
                im now sending a further SAR to o2 to disclose what data/texts/calls were made after 13th Dec.14
                there should be none, which will suppport my claim that i cancelled on that day.
                Lowell/o2 are splitting hairs when it comes to the 14 day bit..or is that a strict point?
                o2 wont necesseriy have a transcript but they must have a record of every communication relating to my account????

                Comment


                • #23
                  Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                  After you send your defence in, the claimants will have to respond to the court to say if they wish to proceed, if they don't the claim will be stayed, if they do you will received a directions questionnaire to help the court manage the case and send it over to your local court. Then you get chance to submit more information / documents to expand on your defence via a Witness Statement around 14 days before any hearing ( if you get to that stage ).

                  You should have plenty of time to get the SAR back from O2 before you get to the Witness Statement stage.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #24
                    Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                    Originally posted by Andy P View Post
                    can i produce additional evidence after ive sent my completed court defence in?
                    im now sending a further SAR to o2 to disclose what data/texts/calls were made after 13th Dec.14
                    there should be none, which will suppport my claim that i cancelled on that day.
                    Yes you can produce additional evidence (but not plead new legal arguments) after your Defence has been filed - and so can the Claimant.

                    I think you need to establish whether returning the handset was a condition of the cancellation.

                    I know you tried to return it in The Carphone Warehouse but what happened to the handset when they refused to accept it? Did you send it to O2 or did you keep it?

                    Handsets are expensive items so O2 may have taken the view (rightly or wrongly) that they were entitled to the cost if you kept it. A lot will depend on the Ts & Cs of the contract you signed which was subsequently terminated.

                    If you are sent a Directions Questionnaire by the court you will have the opportunity to agree to free telephone Mediation before the case is transferred to your local county court. This might suit your situation (any settlement negotiated is not a CCJ) but that’s your choice.

                    Di

                    Comment


                    • #25
                      Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                      Originally posted by Andy P View Post
                      I have offered lowell (without predudice)
                      £200 goodwill, payment.

                      Was that before or after these proceedings were issued?

                      And what was Lowells response to your offer?

                      Di

                      Comment


                      • #26
                        Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                        I wrote to o2 on the 25.1.15 complaining ..re carphone warehouse. i specifically asked them to let me know where to send the handset, (as it was now useless as it had been locked due to the pervious person running up a bill) and asked what i needed to pay if any, regarding ait time data etc etc.
                        I never heard back . by then I thought "well thats all i can do" . i still have the handset,,,boxed unused.

                        Comment


                        • #27
                          Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                          Originally posted by Andy P View Post
                          on 26 yh n0v 2014 i took out an agreement for mobile phone at car phone warehouse.
                          thet were more interested in selling me insurance. i never read the contract as it was e mailed to me . I was not made aware of the 14 day right to cancel. the phone was for a freind of mine. I already had a phone with virgin mobile. I had to cancel the contract as my freind did not make payment to me and they were runnung up a debt on the phone.
                          I called o2 and told them to restrict/stop the the service to avoid further use.

                          Originally posted by Andy P View Post
                          I wrote to o2 on the 25.1.15 complaining ..re carphone warehouse. i specifically asked them to let me know where to send the handset, (as it was now useless as it had been locked due to the pervious person running up a bill) and asked what i needed to pay if any, regarding ait time data etc etc.
                          I never heard back . by then I thought "well thats all i can do" . i still have the handset,,,boxed unused.
                          The Claimant has to prove their claim.

                          You've sent them a s 77-79 CCA Request (I hope) and as yet they have not complied.

                          You have filed a Defence.

                          They have 28 days from when it was served on them to inform the court if they intend to continue with the proceedings or the claim will become stayed. Or they continue and you'll be sent a DQ offering the chance of Mediation or the claim will be transferred to your local court.

                          That's where you're at right now.

                          I raised the issue of the handset since it's return may/may not have been a condition of the early termination (cancellation) of your contract.

                          If you get as far as the Witness Statement stage (or opt for Mediation) then it may be relevant so getting the facts together in advance is a good thing.

                          There does seem to have been a possible breakdown in communication between O2 and the Carphone Warehouse over it's return, but there's also some confusion about usage where you say you still have the handset in its box unused, but at the same time you say that you asked O2 to restrict/stop the service (put a block on the SIM?) because the previous person (your friend?) had been running up a bill/debt.

                          Or have I misunderstood things?

                          Perhaps your friend owes you some money if you're still in touch.

                          Di

                          Comment


                          • #28
                            Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                            lowells insisted they wanted the full £840 ,,,BUT HEY! GOOD NEWS TODAY, o2 WROTE "As a one off gesture Iv'e recalled the debt from Lowell, and iv'e raised a credit to clear the balance in full "
                            Heres hoping the Bullies at Lowell have a well miserable Xmas.

                            Comment


                            • #29
                              Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                              That's good news, if you have confirmation of that in writing ( sounds like you do) then I would write to Lowell inviting them to discontinue their claim enclosing a copy of the letter, so you can draw a line under it.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #30
                                Re: Court Claim - lowell portfolio / o2 - 24-10-2017

                                Originally posted by Andy P View Post
                                lowells insisted they wanted the full £840 ,,,BUT HEY! GOOD NEWS TODAY, o2 WROTE "As a one off gesture Iv'e recalled the debt from Lowell, and iv'e raised a credit to clear the balance in full ".
                                Great news!

                                You made Lowells a WP offer of £200 which they didn’t accept. Maybe now they wish they had

                                Di

                                Comment

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